现代司法理念的重塑——回归程序正义

Return to Procedural Justice: The Remoulding of Modern Judicial Concept

司法从本质上说是一种不完善的程序正义,其程序与程序所实现的实体是两个互相无法包容的价值体系。而在我国司法实践中程序正义却始终没有得到重视,这大大影响司法作为解决纠纷、实现社会正义的功能的发挥,也阻碍了当前司法改革的顺利进行,重申程序正义的独立价值是当前司法改革所无法逾越。

In essence, the administration of justice is a kind of imperfect procedural justice. The procedure itself and the substantiality materialized by the procedure belong to two contrasting value systems. The procedural justice has not been paid attention to in the judicial practice in China, which has greatly hindered the progress of judicial reformation as well as its functions of settling disputes and realizing social justice. The independent value of procedural justice is a must for the present judicial reformation.